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Gestational Surrogacy in New Hampshire

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New Hampshire Surrogacy Laws

Gestational Surrogacy is permitted in New Hampshire by statute, N.H.Rev.Stat. Ann.168-B (2014).

 

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Pre-birth Parentage Orders

Do courts grant pre-birth parentage orders?

  • Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using egg donor or sperm donor: Yes
  • Same-sex couple using egg donor or sperm donor: Yes
  • Single parent using own egg or sperm: Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Same-sex couple: Yes
  • Single parent: Yes

What are the bases for venue?

  • County of the Gestational Carrier’s residence, county of the Intended Parents’ residence, or county of the child’s birthplace.

Do results vary by venue?

  • No

Is a hearing required to obtain a pre-birth order?

  • No, the statute provides for an expedited pre-birth order process, without a hearing, provided that specified statutory requirements are met before the embryo transfer takes place. If the requirements are not met, the court can require a hearing before issuing an order.

Is a pre-birth order possible in New Hampshire based on a Gestational Carrier’s plan to deliver in New Hampshire, if no party lives in New Hampshire?

  • Yes

Will New Hampshire Vital Records honor a pre-birth order from another state?

  • Yes, if it has been domesticated by a New Hampshire court.

What is the typical time frame to obtain a birth certificate after delivery? Unclear

Same-Sex Couple

How are same-sex parents named on the final birth certificate?

  • Parent and Parent

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?

  • Yes

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?

  • Yes

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in New Hampshire (i.e., neither of the Intended Parents lives in New Hampshire)?

  • Yes

Will New Hampshire Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?

  • Yes

Second Parent & Stepparent Adoptions for New Hampshire Residents

Note: This situation typically arises if the child is born outside the state. The parents then return to New Hampshire to obtain a second parent adoption or stepparent adoption in New Hampshire.

Will courts in New Hampshire grant second parent adoptions or stepparent adoptions to heterosexual couples living in New Hampshire?

  • Yes

Does the couple need to be married?

  • Yes

Will courts in New Hampshire grant second parent adoptions or stepparent adoptions to same-sex couples living in New Hampshire?

  • Yes

Does the couple need to be married?

  • Yes, the New Hampshire Supreme Court ruled in In Re Jason C. (1987) that couples must be married to adopt.

Egg and Sperm Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, New Hampshire’s statute N.H. RSA 168-B:2.III (2014) specifies, “A donor is not a parent of a child conceived through assisted reproduction.”

Traditional Surrogacy in New Hampshire

Traditional Surrogacy agreements are permitted in New Hampshire. However, pre-birth orders are not available.

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State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

Kathleen Delisle, Robert Nichols, Leslie Lightholder
contact@ndllaw.com
(508) 460-0500

 

Other Attorneys Practicing Reproductive Law In This State:

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